CA SB 1243

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Description

Existing law provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord after the tenant defaults on rent or fails to perform a condition or covenant of the lease under which the property is held, among other reasons. Existing law requires a tenant to be served a 3 days' notice in writing to cure a default or perform a condition of the lease, or return possession of the property to the landlord, as specified. This bill, the Tenant Protections for Immigrant Families Act of 2026 (Act) , would, until January 1, 2030, prohibit an owner of residential real property, as defined, from initiating or continuing an unlawful detainer action to evict a tenant whose income, ability to obtain income, or financial support is impacted by immigration enforcement activities until no sooner than 90 days after the tenant or household member's detention-related hardship ends, as specified. The bill would require a court to stay the proceeding of a pending unlawful detainer action against a covered tenant if certain conditions are satisfied, including that the tenant provides the court with specified documentation, such as a signed declaration of detention-related hardship that includes a specified statement, that the tenant or household member suffered a detention-related hardship that prevented them from paying the unpaid rent alleged in the unlawful detainer action. Any person who knowingly provides false information in the declaration of detention-related hardship would be subject to a civil fine of up to $1,500. Under the bill, if a tenant has raised detention-related hardship as an affirmative defense, an owner of residential real property may request an evidentiary hearing regarding the tenant's detention-related hardship stay of the unlawful detainer action, at which the tenant must prove by a preponderance of the evidence their detention-related hardship. The bill would prohibit the owner from charging or collecting any late fees, interest, or other penalties related to the nonpayment of rent by a tenant subject to these provisions. Within 90 days after the end of the detention-related hardship, the bill would require the tenant to either pay all past due rent or enter into a mutually agreed upon payment plan with the owner of the residential real property. For purposes of the Act, this bill would define "immigration enforcement activities" to include any efforts to investigate, enforce, or assist in the investigation or enforcement of any federal immigration law, including any federal criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in, the United States. The bill would define "detention-related hardship" to mean, among other things, loss of income or financial support by the tenant or household member due to detention, arrest, or ordered removal of a tenant or household member by any federal law enforcement agency. This bill would prohibit a landlord from charging a tenant subject to these provisions fees assessed for the late payment of that rental debt. The bill would prohibit a person from selling or assigning any unpaid debt as a result of detention-related hardship. The bill would prohibit a housing provider or tenant screening company from using an alleged debt as a result of detention-related hardship as a negative factor for the purpose of evaluating a prospective housing application or as the basis for refusing to rent a dwelling unit to an otherwise qualified prospective tenant. The bill would delete similar provisions related to debts as a result of COVID-19 rental debt. The bill would require the Judicial Council to review its existing forms and develop new forms to effectuate these provisions. The bill would repeal these provisions on January 1, 2030.